CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Kelly Test (Kelly-Frye)
.........What is Not Subject to Test
............Medical Opinion/Comparisons
7 Cards On This Topic:

No abuse of discretion in allowing DA's expert to provide the jury with her expert medical opinion testimony in rebuttal on changes in D's blood-alcohol levels correlated to post-murder transfusions.

Testimony that absence of genital trauma is not inconsistent with nonconsensual sexual intercourse properly admitted; expert opinion testimony not subject to Kelly/Frye.

No error in allowing radiologist to perform X-ray size comparison by X-raying bullet in victim next to bullets taped to his stomach; Kelly inapplicable as it was not an experiment.

Where expert’s opinion re likelihood of SVP reoffending was not based solely on results of Static-99 test, Kelly hearing on admissibility of expert’s testimony re test not required.

In excluding expert testimony that P’s autism was caused by exposure to D’s pesticide, court applied threshold admissibility test under fed. rule not accepted under Cal. law; testimony not subject to Kelly admissibility test.

Expert medical testimony, including that based upon new instrument, not subject to Kelly-Frye.

Colposcopic examination to diagnose sexual abuse not subject to Kelly-Frye. Kelly-Frye not applicable to expert medical testimony.